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STARE v. PEARCY

Nos. 75-2331, 78-1033.

617 F.2d 43 (1980)

John STARE, Linda Stare, Individually, Appellants, v. Mae McDonald PEARCY, Appellee. John Stare, Linda Stare, Individually, Appellants, and as guardians of their minor children, Kelly Stare, John Stare, and David Stare; Kelly Stare, John Stare, David Stare, all minors, Plaintiffs, v. Mae McDonald PEARCY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1980.

Attorney(s) appearing for the Case

Patricia Valentino (Thomas C. Simiele, Cleveland, Ohio, on brief), for appellants.

James M. Wilson, Clarksburg, W. Va. (Steptoe & Johnson, Clarksburg, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, FIELD, Senior Circuit Judge, and PHILLIPS, Circuit Judge.

HAYNSWORTH, Chief Judge:

Giving West Virginia's "savings statute" permitting the commencement of a new action after dismissal of a previous action without resolution of the merits a narrow reading, the district judge dismissed this action on the ground that West Virginia's two-year statute of limitations had run before the action's commencement. We think the savings statute should receive a broader construction and reverse.

The plaintiffs, husband and wife...

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